Provisions of Section 14(1), 14(2) and the held constitutionally valid.

GOKULAKRISHNAN, Offg. C.J. :- By Tamil Nadu Act 9 of 1979, the State Government have introduced amendment to certain of the provisions of the Madras Prohibition Act (Act X of 1937). In these writ petitions, which form a batch, the vires of the amended provisions in Ss.14 (1), 14 (2), 14 (4) and 14-A of the Madras Prohibition Act (hereinafter referred to in this judgment as the Act), are questioned by the petitioners. The petitioners pray for a declaration that Ss.14 (1), 14 (2), 14 (4) and 14-A, of the Act are ultra vires the Constitution of India.

2. For a better understanding of the case and the facts, we give below the impugned sections both before and after the amendment :-

As it stood before amendment As it stood before amendment S.14 (1). When the offender is convicted or when the person charged with an offence against this Act is acquitted, but the Court decides that anything is liable to confiscation, such confiscation may be ordered by the Court.

S.14 (1). When the offender is convicted or when the person charged with an offence against this Act is acquitted, but the Court decides that anything is liable to confiscation, such confiscation may be ordered by the Court.

S.14 (2). Where during the trial of a case for an offence against this Act. the Court decides that anything is liable to confiscation under sub-section (1), the court may, after hearing the person, if any, claiming any right thereto and the evidence, if any, which he produces in support of his claim, order the confiscation :

S.14 (2). Where during the trial of a case for an offence against this Act. the Court decides that anything is liable to confiscation, the shall order the confiscation :

Provided that, no animal, vessel, cart or other vehicle shall be confiscated under sub-sec. (1) or sub swec (2) if the court after hearing the owner of such animal, vessel, cart or the vehicle and any person claiming any right thereto, is satisfied that the owner and such person had exercised due care in the prevention of the commission of an offence

S.14 (3). When an offence against this Act has been committed but the offender is not known, or cannot be found, or when anything is liable to confiscation under this Act and not in the possession of any person cannot be satisfactorily accounted for, the case shall be inquired into and determined by the Collector or other Prohibition Officer in charge of the district or by any other officer authorised by the state Government in that behalf who may order such confiscation

S.14 (3). When an offence against this Act has been committed but the offender is not known, or cannot be found, or when anything is liable to confiscation under this Act and not in the possession of any person cannot be satisfactorily accounted for, the case shall be inquired into and determined by the Collector or other Prohibition Officer in charge of the district or by any other officer authorised by the state Government in that behalf who may order such confiscation:

Provided that no such order shall be made until the expiration of 15 days from the date of seizing the things intended to be confiscated or without hearing the persons, if any claiming any right thereto, and evidence, if any, which they produce in support of their claims.

Provided that no such order shall be made until the expiration of 15 days from the date of seizing the things intended to be confiscated or without hearing the persons, if any claiming any right thereto, and evidence, if any, which they produce in support of their claims.

S.14 (4) (Newly introduced). Notwithstanding anything contained in sub-secs.(1) to (3), the Collector or other Prohibition Officer in charge of the district or any other officer authorised by the State Government in that behalf, shall detain the animal vessel, cart or other vehicle used in 'the commission of anOffence against this Act till the case is disposed of, by the Court and notwithstanding anything contained in the Code of Criminal Procedure, 19